HomeMy WebLinkAbout000533 Original ContractAFTER RECORDING RETURN TO
City of Port Angeles
Public Works and Utilities Department
P O Box 1150
321 E 5th St
Port Angeles, WA 98362
DOCUMENT TITLE:
GRANTORS:
GRANTEE:
LEGAL DESCRIPTION:
2012 1287641
Page 1 of 4 Agreement
Port Angeles City Of
Clallam County Washington 12/06/2012 02 52 13 PM
1111 in F71141 ,1,0110011,14,1V I A 10, I J Poli Iiiii 11111
ASSESSOR'S PARCEL NO. 0530075601000000
AGREEMENT TO ANNEX
Kelly Oakes (Owner of subject property)
City of Port Angeles
Lot 1 of Twin Firs Business Center as recorded in Volume 8 of
Plats, page 11, records of Clallam County, Washington
Situate in the County of Clallam, State of Washington (property
more commonly known as 510 North Oakridge Drive).
AGREEMENT TO ANNEX
City of Port Angeles
Record #000533
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter
the "City and Kelly Oakes, (hereinafter the "Property Owner in consideration of the mutual
covenants set forth herein, agree as follows:
WHEREAS, the Property Owner is the recorded owner of property located within Clallam
County, Washington described below; and
WHEREAS, it is the desire of the Property Owner that said property be served with sewer from the City
and hereby makes application therefore; and
WHEREAS, it is appropriate that the Property Owner grant to the City, Property Owner's
permission to annex the property when it becomes eligible for annexation into the City.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows:
1. PURPOSE: The Port Angeles City Council has authorized the extension of City sewer services
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into the Urban Growth Area, and the Property Owner will be using City sewer service. The
approval to use the City's sewer system is subject to conditions, and this Agreement is entered
into to describe some of those conditions.
2. PROPERTY SERVED: The property that is the subject of this agreement is described as
follows:
Lot 1 of Twin Firs Business Center as recorded in Volume 8 of Plats, page 11, records of Clallam
County
Situate in the County of Clallam, State of Washington (property more commonly known as 510
North Oakridge Drive).
The City hereby agrees to provide sewer service to the above described property.
3. AGREEMENT NOT TO PROTEST ANNEXATION: The Property Owner understands that
the City contemplates annexing the property served herein. In consideration of the City providing
said utility service, the Property Owner hereby grants and conveys to the City a Limited Special
Power of Attorney to exercise any and all rights of said Property Owner, its heirs or assigns and
any successors in interest to said Property Owner, including any purchasers, mortgage holders,
lien holders or other persons who may claim an interest in said property, hereinafter referred to as
"Successors in Interest," to accomplish the following purposes, and no others:
(a) To petition the City for annexation of all of the property described above, which
petition shall conform to the provisions of paragraph (b) below; and
(b) To accomplish all steps necessary or proper for the annexation of said property under
RCW 35A.14 and the ordinances and regulations of the City for annexation of property to the
City with zoning consistent with the ordinances of the City and with the condition that Property
Owner or the owner's Successors in Interest will be required to assume no more than a fair share
of the City's bonded indebtedness at the time of annexation; and
(c) To sign any and all letters, petition and other documents necessary to accomplish
said annexation on behalf of any Successors in Interest as defined above.
This Limited Power of Attorney shall be considered a power coupled with an interest and may not
be terminated except at such time as the above described property is no longer served by sewer
facilities by the City.
The Property Owner agrees to sign any and all notices, petitions and other documents consistent
herewith requested at any time by the City leading to the annexation of the property to the City.
The Property Owner does not waive any applicable right to vote in an annexation election or to
participate in any annexation review procedures provided by statute.
4. GOVERNING LAW: This agreement is subject to all statutes and regulations of the United
States and the State of Washington and ordinances and policies of the City, relating to the
provision of utility service by a municipal provider.
If the City resolves to annex the above described property pursuant to RCW 35A.14, the Property
Owner and Successor in Interest covenant not to challenge same by referendum, or other
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methods.
This agreement and Limited Power of Attorney touches and concerns the real property described
above and so long as the said property is served by sewer service from the City, shall run with the
land, binding the Property Owner, Property Owner's assigns, heirs, transferees, Successors in
Interest and all who derive an interest therein.
THIS AGREEMENT shall be recorded in the Clallam County Auditor's Office and shall be
referenced upon any or other instruments conveying an interest in said property.
EXECUTED this S day of
Prop ty Owner Property Owner
STATE OF WASHINGTON
COUNTY OF CLALLAM
On this day of z' 2012, before me, a Notary Public for the State of
Washington, duly commissioned and sworn, personally appeared to
me known to be the individual(s) described in and who executed the Foregoing instrument, and
acknowledged the said instrument to be their/his/her free and voluntary act and deed, for the uses and
purposes therein mentioned, and on oath stated that they/he /she /is authorized to execute said instrument.
Given under my hand and official seal the day and year first in this certificate above written.
E 0512' 4
ss.
3
2012 for the Property Owner(s).
Notary Public in and for the State of
residing at w.3 vE
My commission expires: 5- 2 t- ziQ
AGREEMENT TO ANNEX
STATE OF WASHINGTON
ss.
COUNTY OF CLALLAM
On this 7 day of A__0_,2_40' 2012, before me, a Not P lic for the State of
Washington, duly commissioned and sworn, personally appeared c ---per to
me known to be the Ji i fr r S of the municipal corporation that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute said irisent.
S ��i
Given under my hand,z," a and year first in this certificate above written.
Attest:
Ja
EXECUTED this to 6 day of EM 15 t17- 2012
Municipal Corporation
By: tG. r 4.4 4 Gu71-e'7L
Title: (1,. ,'RAcic. City of Port Angeles
k.o reIC) a (4)4.-/ pej
sa Hurd, City Clerk
Notary Public in and for the ate of Washington,
e staing at Port Angeles.
r4 commission expires:.
ti OF WAs
Of oT,upY tr.
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Dnve\Annexation Agreement Non Coporation single owner Template doc
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